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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On January 9, 2009, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. at the Jung-gu District Court on December 17, 2009, 1 year of imprisonment with prison labor for larceny, etc. at the Jung-gu District Court on January 13, 201, 6 months of imprisonment with prison labor at the Seoul Western District Court on January 13, 201, and 1 year and 6 months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Jung-gu District Court on August 30, 201, and completed the execution of the sentence at the government prison on December 19, 2013.
On June 16, 2014, around 06:30, the Defendant opened a gallon, which was parked in the “D” restaurant parking lot in Spocheon-si C, and opened the Fgallon, which was owned by the victim E, and stolen the container by opening the container, and did not commit an attempted crime.
As above, even though the Defendant was sentenced to imprisonment not less than three times with prison labor due to larceny or attempted crime, the Defendant attempted to steal the victim’s property again.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Previous convictions as indicated in the judgment; as a result of the search of prisoners, the application of criminal records statutes;
1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 342 and 329 of the Criminal Act concerning the crime;
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [decision of types] 1 of the Act on the Larceny of habitual and repeated crimes (general repeated crime thief) - The mitigated element: [Determination of the recommended sphere] 1 year and six months from June to six years [the scope of the recommended sphere] mitigated sphere / The mitigated element - The mitigated element does not cause damage by committing a living crime, an attempted crime and an attempted crime, and a serious reflect [decision of the sentence] imprisonment with prison labor for one year and six months;